If, when the unconstitutional portion is stricken out, that which remains is complete in itself, and capable of being executed in accordance with the apparent legislative intent, wholly independent of that which was rejected, it must be sustained. Atlantic Reporter - Página 3941901Vista completa - Acerca de este libro
| 1881 - 316 páginas
...whether they are essentially and inseparably connected in substance. If, when the unconstitutional part is stricken out, that which remains is complete in...legislative intent, wholly independent of that which ie rejected, it muet be sustained." The statute before us is within thé rule thus stated. Much has... | |
| 1893 - 1182 páginas
...from the invalid portion ; and. when the invalid portion is stricken out, that which remains must be complete in itself, and capable of being executed...legislative intent, wholly independent of that which is rejected. The purpose of this ordinance, if Jt can be construed to intend the addition of any territory... | |
| 1910 - 1156 páginas
...section does not render the whole act unconstitutional and void, as the remaining part of the act In capable of being executed In accordance with the apparent legislative Intent wholly Independent of that portion attempting to confine the taking of orders to merchants only; the Invalid part may be rejected,... | |
| 1913 - 1154 páginas
...unconstitutional portion are distinct and separable, the former not conditioned or dependent upon the latter and capable of being executed in accordance with the...apparent legislative intent wholly independent of the latter. Newman v. People, 23 Colo. 300, 47 Рас. 278; С-, В. & QRR Co. v. Jones, 140 111. 361,... | |
| 1895 - 1140 páginas
...prevent trout being taken contrary to the directions of section 1; but without them there remains an act complete In itself, and capable of being executed in accordance with the apparent legislative Intent This being so, the courts are required to sustain that part of the law against which the constitutional... | |
| 1885 - 704 páginas
...first section is a separable one, and could be stricken from the act, and that which remains would be complete in itself and capable of being executed in accordance with the apparent legislative _ intent, wholly independent of that thus rejected." Matter of Village of Middleton, 82 NY 196, 202,... | |
| 1901 - 1162 páginas
...to make room for the words of substitution intended to take the place of said section 12. It is no doubt true that the same act of legislation may be...was rejected, it must be sustained. Cooley, Const Lim. (6th Ed.) 211. In the application of this principle of construction, Judge Cooley, in a note on... | |
| 1908 - 1156 páginas
...Legislature, may be valid In part and void in part. State v. Robb, 100 Me. 180, GO Atl. 874, and cases cited. "If, when the unconstitutional portion Is stricken...of that which was rejected, It must be sustained." Cooley's Const. Llm. 211. But this cannot be done when It would violate the legislative Intent. State... | |
| 1905 - 1156 páginas
...connected In substance. If the unconstitutional portion can be stricken out, and that which remains be complete In Itself and capable of being executed in...of that which was rejected. It must be sustained. Cooley's Const Llm. (7th Ed.) 247; People v. Kenney, 90 NY 294. The particular portion of the statute... | |
| 1899 - 1134 páginas
...212), says: "If, when the unconstitutional part of a statute Is stricken out that which remains ta complete In itself, and capable of being executed...of that which was rejected, it must be sustained. The difficulty Is in determining whether the good and bad parts of the statute are capable of being... | |
| |